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On the amount of compensation in lieu of rescission, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly applied Article 10(5) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that there was no fault with the Ä¢¹½ÊÓƵDT¡¯s award of compensation of USD 2,000, noting that Ä¢¹½ÊÓƵDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. Ä¢¹½ÊÓƵAT held that absent any error of law or manifestly unreasonable factual findings Ä¢¹½ÊÓƵAT would not...

Ä¢¹½ÊÓƵAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. Ä¢¹½ÊÓƵAT held that the Appellant merely reiterated allegations already thoroughly examined by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate any error in the Ä¢¹½ÊÓƵDT findings such as to warrant its reversal. Ä¢¹½ÊÓƵAT held that there was no merit in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. Ä¢¹½ÊÓƵAT held that accounting for factors such as Ä¢¹½ÊÓƵAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. Ä¢¹½ÊÓƵAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. Ä¢¹½ÊÓƵAT held that the Appellant was unable to show through clear and...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s appeal was in direct conflict with his submissions to Ä¢¹½ÊÓƵDT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to Ä¢¹½ÊÓƵDT, in his appeal he argued that no irregularities happened in removing the Applicant¡¯s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate¡¯s qualifications. Ä¢¹½ÊÓƵAT held that no evidence was presented to Ä¢¹½ÊÓƵDT of a second assessment by the Hiring Manager or...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager¡¯s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. Ä¢¹½ÊÓƵAT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s conclusion. Ä¢¹½ÊÓƵAT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. Ä¢¹½ÊÓƵAT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. Ä¢¹½ÊÓƵAT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT contradicted Ä¢¹½ÊÓƵAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, Ä¢¹½ÊÓƵAT noted that the presence of two directors from the Education Department on the interview panel did not offend Ä¢¹½ÊÓƵRWA¡¯s regulatory framework. Ä¢¹½ÊÓƵAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. Ä¢¹½ÊÓƵAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

Ä¢¹½ÊÓƵAT held that the case was distinguishable from Finniss (judgment No. 2014-Ä¢¹½ÊÓƵAT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT¡¯s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. Ä¢¹½ÊÓƵAT held that in order to exclude the Deputy CEO¡¯s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...

Ä¢¹½ÊÓƵAT noted that in the absence of a university degree, the Appellant did not satisfy the academic criterion stated in the vacancy announcement, but he was long-listed, which meant that Ä¢¹½ÊÓƵRWA took his experience into consideration and decided that his additional years of experience justified his pre-selection. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in fact in considering that Ä¢¹½ÊÓƵRWA did not examine whether the experience of the Appellant could offset his lack of a university degree. Ä¢¹½ÊÓƵAT held that the decision by Ä¢¹½ÊÓƵRWA to limit the short-list to seven candidates with university degrees was reasonable and...